Zoning Planning & Land Use Law in Tennessee

Shelbyville, Tennessee has laws which govern how individual parcels of land can be used, and how they cannot. These rules aren't always simple, and this article should serve as an introduction to some of the most common issues that homeowners might face, though it is not meant to turn a layperson into an expert.

Local governments will usually divide the city or town into sections, called "zones," each of which is designated for a specific use, such as residential homes, commercial businesses, agriculture, manufacturing, etc. This process is known as "zoning."

The purpose of zoning is to preserve property values, and make towns and cities more livable. For instance, without zoning laws, a company might be able to purchase a vacant lot next to your house and build a noisy, smelly, dirty factory on it.

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more useful by helping it prevent costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Shelbyville, Tennessee

You have quite a few options if you find that a planned or prevailing use of your property breaks Shelbyville, Tennessee's zoning regulations.

It should be discernible that the first option you should consider is to correct the violation. If doing this wouldn't cost you very much, or pose a major inconvenience, you should obviously do this.

What if, however, you've invested a significant amount of time and money into making an improvement on your property, only to find that it breaks your local zoning laws in some minor way? In this case, you can apply for a variance. This is essentially an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Shelbyville, Tennessee's zoning laws, a variance will usually be granted.

You also have significant protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Shelbyville, Tennessee Attorney Do?

If you suddenly become involved in a zoning dispute with your local government, it's essential to seek competent legal representation. The counsel of an experienced Shelbyville, Tennessee real estate attorney can make it much easier for you to act within the law to use your own property as you wish, or at least be as free as possible to make improvements to your land.